James Thuo Gathii
Wing-Tat Lee Chair of International Law
鈥
James T. Gathii is the Wing-Tat Lee Chair in International Law and Professor of Law at 黑料门University Chicago School of Law since July 2012. He is a graduate of the University of Nairobi, Kenya, and Harvard Law School. He sits on the board of editors of the Journal of African Law and the Journal of International Trade Law and Policy, among others. Between 2014 and 2022, he was on the Board of editors of the American Journal of International Law. He is a past Vice-President of the American Society of International Law.
He is co-editor in Chief of the African Journal of International Economic Law (AfJIEL) and a founding Editor of Afronomicslaw and one of the convenors of the African Sovereign Debt Justice Network (AfSDJN). He was the Grotius Lecturer at the 2020 American Society of International Law Virtual Annual Meeting. He gave the Opening Keynote Address at the 2023 Canadian Council of International Law Annual Meeting and the 2022 PluriCourts Annual Lecture. His research and teaching interests are in Public International Law, International Trade Law, Third World Approaches to International Law, (TWAIL), Comparative Constitutional Law and Human Rights.
He has sat as an arbitrator in two international commercial arbitrations and one ISDS case hosted by the Permanent Court of Arbitration in the Hague. He is a founding member of the TWAIL network. He is an elected member of the International Academy of International Law. He has consulted for the Office of the United Nations High Commissioner for Human Rights, (OHCHR), and the Economic Commission for Africa, (ECA), among others. His books include African Regional Trade Agreements as Legal Regimes (Cambridge University Press, 2011, Paperback 2013); War, Commerce and International Law (Oxford University Press, 2010); and The Contested Empowerment of Kenya鈥檚 Judiciary, 2010-2015: A Historical Institutional Analysis, (Sheria Publishing House, 2016); The Performance of Africa鈥檚 International Courts: Using Litigation for Political, Legal, and Social Change, (Oxford University Press in 2020); How to Reform the Global Debt and Financial Architecture, (Sheria Publishing House (2023) and Transforming Climate Finance in an Era of Sovereign Debt Distress, (Sheria Publishing House (2023). In addition to his books, Professor Gathii has authored over 100 articles and book chapters.
Education
LLB (Hons) University of Nairobi, Kenya
SJD (PhD) Harvard Law School
Kenya School of Law (Diploma in the Practice of Law 鈥 Admitted as an Advocate of the High Court of Kenya)
Professional/Community Affiliations
Co-Chair, Africa Interest Group, American Society of International Law, 2010-2013
Executive Council, American Society of International Law, 2008-2011
American Society of International Law Annual Meeting Planning Committee, 2008 and 2010
Member, International Law Association Study Group on the Meaning of War, 2007 to date
Member, International Law Association Study Group on the Principles on the Engagement of Domestic Courts in the Application of International Law
Publications/Research Listings
Forthcoming Articles
鈥淎frica,鈥 forthcoming, Oxford Handbook of the History of International Law, Bardo Fassbender, Anne Peters, Simone Peter and Daniel Hogger (eds.), Oxford University Press, (2012)
鈥淭he Status of African Regional Trade Agreements,鈥 4 European Yearbook of International Economic Law,鈥 forthcoming 2013.
鈥淭he Cotonou Agreement and Economic Partnership Agreements,鈥 forthcoming in Stephen Marks (ed.) The Right to Development in Theory and Practice: Studies for the Twenty-Fifth Anniversary of the Declaration, (2012)
Curtailing Ecosystem Exportation: Ecosystem Services as a Basis to Reconsider the Merits of Export-Driven Agriculture in Economies Highly Dependent on Agricultural Exports," forthcoming 30 Virginia Environmental Law Journal (forthcoming 2012 with Keith Hirokawa)
Published Articles
鈥淭he Promise of International Law: A Third World View (Including a TWAIL Bibliography 1996-2019 as an Appendix,鈥 ASIL Grotius Lecture 2020, 114 American Society of International Law Annual Meeting Proceedings 167-187 (2021)
鈥淚ntroduction,鈥 in James Gathii (ed.), The Performance of Africa鈥檚 International Courts: Using Litigation for Political, Legal, and Social Change, 1-34 (OUP, 2020)
鈥淭he African Court of Human and Peoples鈥 Rights as an Opportunity Structure,鈥
in James Gathii (ed.) The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change (Oxford University Press) 211-253 (2020) (with Jacqueline Wangui Mwangi)
鈥淚nternational Courts as Coordination Devices for Opposition Parties: The Case of the East African Court of Justice,鈥 in James Gathii (ed.) The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change, 35-87 (Oxford University Press) (2020)
鈥淏acklash Against International Courts in West, East and Southern Africa: Causes and Consequences,鈥 in James Gathii (ed) The Performance of Africa鈥檚 International Courts: Using Litigation for Political, Legal, and Social Change, 256-299 (OUP, 2020) (with Karen J. Alter and Laurence R. Helfer)
鈥淩eference Guide to Africa鈥檚 International Courts,鈥 in James Gathii (ed) The Performance of Africa鈥檚 International Courts: Using Litigation for Political, Legal, and Social Change, 300-344 (OUP, 2020) (with Harrison Otieno Mbori)
鈥淲ithout Centering Race, Identity, and Indigeneity, Climate Responses Miss the Mark (October 25, 2020). in Wilson Center and Adelphi (eds.), Climate Change, Equity and the Future of Democracy, 11 (2020)
鈥淎frica and the Radical Origins of the Right to Development,鈥 1 TWAIL Review, 28鈥50 (2020)
鈥淚mplementing a New Constitution in a Competitive Authoritarian Context: The Case of Kenya,鈥 in Tom Ginsburg and Aziz Haq, From Parchment to Practice: Implementing New Constitutions, (Cambridge University Press, 2019)
鈥淎greement Establishing the African Continental Free Trade Area,鈥 forthcoming International Legal Materials (2019)
鈥淏eyond Samuel Moyn鈥檚 Counter-majoritarian Difficulty as A Model for Global Judicial Review,鈥 53 Vanderbilt Journal of Transnational Law 1237 (2019)
鈥淩e-Characterizing Corruption to Incorporate Illicit Financial Flows,鈥 American Journal of International Law Unbound 336-340 (2019)
International Decision, Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya, ICSID
Case No. ARB/15/29, Award, 22 October 2018, 113 American Journal of International Law 574 (2019) (with Lorenzo Cotula)
鈥淭erm Limits and Three Types of Constitutional Crisis in Sub-Saharan Africa,鈥 in Mark Graber, Sanford Levinson and Mark Tushnet, (eds.) Constitutional Democracy in Crisis? (Oxford University Press) 313 (2018)
鈥淚ntroduction to the Symposium on B.S. Chimni, 鈥淐ustomary International Law: A Third World Perspective鈥. AJIL Unbound, 112, 290 (2018) (with Antony Anghie)
鈥淚ntroduction to the Symposium on Investor Responsibility: The Next Frontier in International Investment Law. AJIL Unbound, 113, 1 (2018) (with Sergio Puig)
鈥淎ssessing Kenya鈥檚 Cooperative Model of Devolution," 46 Federal Law Review 596 (an Australian Peer Law Review in a special issue on 'The Theory and Practice of Federalism in Divided Societies,' (with Harrison Mbori) (2018)
鈥淭he East African Court of Justice: Human Rights and Business Actors Compared,鈥 in Karen Alter, Laurence Helfer and Mikael Madsen (eds) International Court Authority, (Oxford University Press), 59 (2018)
鈥淭he COMESA Court of Justice,鈥 in Robert Howse, Helene Ruiz Fabri and Geir Ulfstein, (eds) The Legitimacy of International Trade Courts and Tribunals, (Cambridge University Press) 314 (2018)
Introduction to the Symposium on Africa and the Future of International Trade Regimes. 111 AJIL Unbound, 369-371 (2017)
鈥淩egime Shifting of IPR Law-Making and Enforcement to International Investment Law,鈥 18 Minnesota Journal of Law, Science and Technology, 427 (2017) (with Cynthia Ho)
"Strength in Intellectual Property Protection and Foreign Direct Investment Flows in Least Developed Countries,鈥 44 Georgia Journal of International and Comparative Law 499 (2016)
鈥淗enry J. Richardson III: The Father of Black Traditions of International Law,鈥 31 Temple International & Comparative Law Journal, 325 (2017)
鈥,鈥 American Journal of International Law Unbound (2016) (with Henry J. Richardson Jr. III)
鈥,鈥 (with Karen Knop and Henry J. Richardson III Jr.) American Journal of International Law Unbound, 2016
鈥淪coping Study of the Continental Free Trade Area and Preliminary Recommendations Based on an African Human Rights Model,鈥 Office of the United Nations High Commissioner for Human Rights (2016).
鈥淭he Kenyan Judiciary鈥檚 Accountability to Parliament and to Independent Commissions: 2010-2016,鈥 in Jill Ghai, (ed.) Judicial Accountability in the New Constitutional Order, 133 (2016)
鈥淏acklash Against International Courts in West, East and Southern Africa: Causes and Consequences,鈥 27 European Journal of International Law, 293 (2016) (Co-authored with Karen Alter and Laurence Helfer)
National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre and another [2014] ZACC 30 [Constitutional Court of South Africa, Africa] (International Decision), 110 American Journal of International Law 333 (2016)
鈥淭he Variation in the Use of Sub-Regional Integration Courts Between Business and Human Rights Actors: The Case of the East African Court of Justice,鈥 79 Law and Contemporary Problems 37 (2016)
鈥淎ssessing Kenya鈥檚 Constitution Five Years Out,鈥 in Tom Ginsburg et al, Measuring Constitutional Performance, Cambridge University Press, 337 (2016)
鈥淪aving the Serengeti: Africa鈥檚 New International Judicial Environmentalism,鈥 16 Chicago Journal of International Law 386 (2016)
鈥淭he Turn to Contract Responsibility in Global Natural Resource Sector,鈥 1 Business and Human Rights Journal 69 (2016) with Ibironke Odomosu-Ayanu
鈥淚ncorporating the Third Party Beneficiary Rule in Resource Contracts,鈥 43 Georgia Journal of International and Comparative Law 93 (2014)
鈥淢ission Creep or a Search for Relevance: The East African Court of Justice's Human Rights Strategy,鈥 24 Duke Journal of Comparative and International Law 249 (2013)
Book Review of Sundhya Pahuja鈥檚 Decolonizing International Law: Development, Economic Growth and the Politics of Universality, Cambridge University Press (2011) in 107 American Journal of International Law 494 (April 2013)
鈥淏eyond China鈥檚 Human Rights Exceptionalism in Africa: Leveraging Science, Technology and Engineering for Long-Term Growth,鈥 51 Columbia Journal of Transnational Law 664 (2013)
鈥淚ntroduction: Africa and International Law: Taking Stock and Moving Forward,鈥 6 Human Rights and International Legal Discourse 1, (2013) (volume includes papers presented at the Africa and International Law Conference I organized, Albany Law School, April 2012))
鈥淯se of the WTO Dispute Settlement System by LDCs and LICs: A Hands-On Introduction and Simulation Exercise,鈥 with Peter van den Bossche, Trade Policy Training Institute in Africa, 2013
Trade Governance: Integrating Africa into the World Economy through International Economic Law, (papers presented at the Second Africa International Economic Law Network Conference, Johannesburg, South Africa March 2013) in 6 Law and Development Review 1 (2013) (co-edited with Tomer Broude and Laurence Boule)
鈥淭he Status of African Regional Trade Agreements,鈥 4 European Yearbook of International Economic Law,鈥 287 (2013)
鈥淎frica and TWAIL,鈥 African Yearbook of International Law 9 (2013) (with Antony Anghie and Obiora Okafor)
鈥淭he Cotonou Agreement and Economic Partnership Agreements,鈥 in Stephen Marks (ed.) The Right to Development in Theory and Practice: Studies for the Twenty-Fifth Anniversary of the Declaration, 259 (2013)
鈥淎frica,鈥 Oxford Handbook of the History of International Law, Bardo Fassbender, Anne Peters, Simone Peter and Daniel Hogger (eds.), Oxford University Press, 407 (2012)
鈥淐urtailing Ecosystem Exportation: Ecosystem Services as a Basis to Reconsider the Merits of Export-Driven Agriculture in Economies Highly Dependent on Agricultural Exports," 30 Virginia Environmental Law Journal 1 (2012) (with Keith Hirokawa)
鈥淚rregular Forces and Self-Defense Under the UN-Charter,鈥 in Mary O鈥機onnell (ed.) What is War? An Investigation in the Wake of 9/11, Martinus Nijhoff Publishers, 97-108 (2012).
鈥淢apping African International Law,鈥 Book Review Essay reviewing Mapping New Boundaries in African International Law, Jeremy Levitt (ed.) Carolina Academic Press, 2(3) Transnational Legal Theory 439-441 (2011)
鈥淔ood Sovereignty For Poor Countries in the Global Trading System,鈥 57 黑料门Law Review 509 (2011) (Given as the Brenden Brown Lecture at 黑料门New Orleans College of Law, April 2011)
鈥淭he Neo-Liberal Turn in Regional Trade Agreements,鈥 86 Washington University Law Review 421 (2011)
鈥淚ntroduction: GATS and Human Rights,鈥 Proceedings of the 104 Annual Meeting of the American Society of International Law 127 (2011).
鈥淔ailing Failed States: A Response to John Yoo,鈥 2 California Law Review Circuit 40 (2011)
鈥淜enya鈥檚 Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution,鈥 4 The Law and Development Review 182 (2011)
鈥淭WAIL: A Brief History of Its Origins, Its Decentralized Network and a Tentative Bibliography,鈥 3 (1) Trade Law and Development Journal (National Law University, India), 26 (2011)
鈥淜enya鈥檚 Piracy Prosecutions,鈥 104 American Journal of International Law 416 (2010).
鈥淭he Use of Force, Freedom of Commerce, and Double Standards in Prosecuting Pirates in Kenya,鈥 59 American University Law Review 1321 (2010).
鈥淎frican Regional Trade Agreements as Flexible Legal Regimes,鈥 35 North Carolina Journal of International Law and Commercial Regulation 571 (2010).
鈥淭he Financial Accounting Task Force and Global Administrative Law,鈥 Journal of the Professional Lawyer 197 (2010).
鈥淭he Underappreciated Jurisprudence of African Regional Trade Judiciaries,鈥 12 Oregon Review of International Law 245 (2010).
鈥淛udicial and Anti-Corruption Reform in Africa: Between Market Efficiency and Access to Justice for the Poor鈥 in Ayesha Dias and Gita Welch (eds.), Justice for the Poor: Perspectives on Accelerating Access, (Oxford University Press), 331 (2009).
鈥淛urisdiction to Prosecute Non-National Pirates Captured by Third States Under Kenyan and International Law,鈥 31 黑料门of Los Angeles International & Comparative Law Review 363 (2009).
鈥淔oreword: International Economic Law in the Third World,鈥 11 International Community Law Review 349 (2009) (with Ibironke Odomosu).
鈥淲ar鈥檚 Legacy in International Investment Law,鈥 11 International Community Law Review 353 (2009).
Defining the Relationship Between Human Rights and Corruption," 31 University of Pennsylvania Journal of International Law 125 (2009).
鈥淚ntroduction: Tsunamis, Hurricanes, Earthquakes, and Asteroids: Are We Ready for the Next 100 Years,鈥 Proceedings of the 101st Annual Meeting of the American Society of International Law 113 (2008).
鈥淓lections and Multiparty Democracy,鈥 In The New Oxford Companion to Law, (ed. Peter Cane and Joanne Conaghan) 367-368, 2008.
鈥淎 Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias,鈥 21 Leiden Journal of International Law 317 (2008).
鈥淭hird World Approaches to International Economic Governance,鈥 Richard Falk, Balakrishnan Rajagopal and Jacquelin Stevens, International Law and the Third World: Reshaping Justice, 255, 2008.
鈥淧opular Authorship and Constitution Making: Comparing and Contrasting the DRC and Kenya,鈥 49 William and Mary Law Review 1109 (2008).
鈥淚ntroduction: The Third World and International Law,鈥 9 International Community Law Review 331 (2007).
Case Concerning 鈥淎rmed Activities on the Territory of the Congo鈥 (Democratic Republic of the Congo v. Uganda), (International Decision), 101 American Journal of International Law 142 (2007).
鈥淚mperialism, Colonialism, and International Law,鈥 54 Buffalo Law Review 1013 (2007).
鈥淓xporting Culture Wars,鈥 13 University of California, Davis Journal of International Law & Policy 67 (2006).
Cost-Benefit Analysis Versus the Precautionary Principle: Beyond Cass Sunstein's Laws of Fear,鈥 University of Illinois Law Review 1037 (2006) (Co-author with Gregory Mandel).
鈥淭he High Stakes of WTO Reform,鈥 104 Michigan Law Review 1361 (2006) (book review).
鈥淎pproaches to Accessing Essential Medicines and the TRIPS Agreement,鈥 Peter Yu (ed.) Intellectual Property and Information Wealth: Issues and Practice in the Digital Age/International Intellectual Property Law and Policy Vol. IV, 393 (2006).
鈥淗istorical Dispossession Through International Law: Iraq in a Historical and Comparative Context,鈥 in Branwen Gruffydd Jones, (ed.) Decolonizing International Relations, (Rowman and Littlefield), 131 (2006).
鈥淭he American Origins of Liberal and Illiberal Regimes of International Economic Governance in the Marshall Court,鈥 54 Buffalo Law Review 765 (2006).
鈥淐ommerce, Conquest, and Wartime Confiscation,鈥 31 Brooklyn Journal of International Law 709 (2006).
鈥淗ow Necessity May Preclude State Responsibility for Compulsory Licensing Under the TRIPS Agreement,鈥 31 North Carolina Journal of International Law and Commercial Regulation 943 (2006).
鈥淭he Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation,鈥 38 George Washington International Law Review 251 (2006).
鈥淢inority Rights in Corporate Law: A Reply to Chander,鈥 19 National Black Law Journal (Columbia Edition) 57 (2006).
鈥淔oreign Precedents in the Federal Judiciary: The Case of the World Trade Organization鈥檚 DSB Decisions,鈥 34 Georgia Journal of International and Comparative Law 1 (2005).
鈥淚nternational Justice and the Trading Regime,鈥 19 Emory International Law Review 1407 (2005).
鈥淗ow American Support for Freedom of Commerce Legitimized King Leopold鈥檚 Territorial Ambitions in the Congo,鈥 in Trade as the Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives (ASIL Studies in Transnational Legal Policy), 97, Padideh Alai, Tomer Broude & Colin B. Picker, (eds.) (2006).
鈥淐omparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African Perspective鈥 International Journal of Constitutional Law 172 (2006) (Book Review).
鈥淭hird World Perspectives on Global Pharmaceutical Access,鈥 in Michael Santoro and Thomas Gorrie, (eds.) Ethics and the Pharmaceutical Industry, 336 (2005) (Cambridge University Press).
鈥淎ssessing Claims of a New Doctrine of Pre-emptive War Under the Doctrine of Sources,鈥 43 Osgoode Hall Law Journal 67 (2005).
鈥淗umanizing the Pax-Americana Global Empire: A Review Essay,鈥 4 Washington University Global Studies Law Review 121 (2005).
鈥淏alancing Sovereign Creditor and Debtor Rights Under New York Law,鈥 9 New York Business Law Journal 20 (2005).
鈥淲artime Security and Constitutional Liberty,鈥 Foreword, 68 Albany Law Review 1113 (2005).
鈥淧rocess and Substance in WTO Reform,鈥 56 Rutgers Law Review 885 (2004).
鈥淔oreign and Other Economic Rights Upon Conquest and Under Occupation: Iraq in Comparative and Historical Context,鈥 25 University of Pennsylvania Journal of International Economic Law 491 (2004) (Volume II lead article).
鈥淚nsulating Domestic Policy Through International Legal Minimalism: A Re-Characterization of the Foreign Affairs Trade Doctrine,鈥 25 University of Pennsylvania Journal of International Economic Law 1 (2004) (Volume I lead article).
鈥淭orture, Extraterritoriality, Terrorism, and International Law,鈥 67 Albany Law Review 335 (2003).
鈥淕lobalization and Comparative Family Law: A Discussion of Pluralism, Universality, and Markets,鈥 Symposium Foreword, (Co-author with Patricia Youngblood Reyhand), 67 Albany Law Review 545 (2003).
鈥淎 Critical Appraisal of the NEPAD Agenda in Light of Africa鈥檚 Place in the World Trade Regime in an Era of Market Centered Development,鈥 13 Transnational Law & Contemporary Problems 179 (2003).
鈥淭he Structural Power of Strong Pharmaceutical Patent Protection in U.S. Foreign Policy,鈥 7 The Journal of Gender, Race & Justice (a Journal of the University of Iowa College of Law) 267 (2003).
鈥淏alancing Patent Rights and Affordability of Prescription Drugs in Addressing Bio-Terrorism: An Analysis of In Re Ciprofloxacin Hydrochloride Antitrust Litigation,鈥 13 Albany Law Journal of Science and Technology 651 (2003).
鈥淔airness as Fidelity to Making the WTO Fully Responsive to All Its Members,鈥 96 American Society of International Law Proceedings 157 (2003).
鈥淕eographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia),鈥 15 Leiden Journal of International Law 581-622 (2002). Also selected and re-published in Antony Anghie et al, The Third World and International Order: Law, Politics and Globalization 75 (2003).
鈥淭he Legal Status of the Doha Declaration on TRIPS and Public Health Under the Vienna Convention of the Law of Treaties,鈥 15 Harvard Journal of Law and Technology 291 (2002).
鈥淩ights, Patents, Markets and the Global AIDS Pandemic,鈥 14 Florida Journal of International Law 261 (2002).
鈥淩e-Characterizing the Social in the Constitutionalization of the WTO: A Preliminary Analysis,鈥 7 Widener Law Symposium Journal 137 (2001).
鈥淐onstruing Intellectual Property Rights and Competition Policy Consistently with Facilitating Access to Affordable AIDS Drugs to Low-End Consumers,鈥 53 Florida Law Review 727 (2001).
鈥淎lternative and Critical: The Contribution of Research and Scholarship on Developing Countries to International Legal Theory,鈥 Symposium Issue Foreword, 41 Harvard International Law Journal 263 (2000).
鈥淣eoliberalism, Colonialism and International Governance: Decentering the International Law of Governmental Legitimacy,鈥 98 Michigan Law Review 1996 (2000) (In the Annual Book Review Issue).
鈥淩ejoinder: Twailing International Law,鈥 98 Michigan Law Review 2066 (2000) (In the Annual Book Review Issue).
鈥淩etelling Good Governance Narratives on Africa's Economic and Political Predicaments: Continuities and Discontinuities in Legal Outcomes Between Markets and States,鈥 45 Villanova Law Review 971 (2000).
鈥淗uman Rights, the World Bank and the Washington Consensus: 1949-1999,鈥 94 American Society of International Law Proceedings 144 (2000).
鈥淭owards Reform of the Laws on Rape and Related Sexual Offenses in Kenya,鈥 in Kivutha Kibwana and Lawrence Mute, Law and the Quest for Gender Equality in Kenya, 52 (2000) (Co-author with Celestine Nyamu).
鈥淕ood Governance as a Counter Insurgency Agenda to Oppositional and Transformative Social Projects in International Law,鈥 5 Buffalo Human Rights Law Review 107 (1999).
鈥淭he Limits of the New International Rule of Law on Good Governance,鈥 in Quashigah & Okafor, Legitimate Governance in Africa, (Kluwer Law International), 207 (1999).
鈥淐orruption and Donor Reforms: Expanding the Promises and Possibilities of the Rule of Law as an Anti-Corruption Strategy in Kenya,鈥 14 Connecticut Journal of International Law 407 (1999).
鈥淩epresentations of Africa in Good Governance Discourse: Policing and Containing Dissidence to Neo-Liberalism," 18 Third World Legal Studies 65 (1998-1999).
鈥淚nternational Law and Eurocentricity,鈥 9 European Journal of International Law 184 (1998).
鈥淩eflections on United States-Based Human Rights NGOs' Work on Africa,鈥 9 Harvard Human Rights Journal 285 (Spring 1996) (Co-author with Celestine Nyamu).
鈥淭he Dream of Judicial Security of Tenure and the Reality of Executive Involvement in Kenya's Judicial Process, 鈥 Kenya Human Rights Commission Publication, December 1994.
鈥淜enya's Legislative Culture and the Evolution of the Kenya Constitution,鈥 Yash Vyas, Kivutha KIBWANA, Okech Owiti & Smokin Wanjala (eds), Law and Development IN THE Third World, Faculty of Law, University of Nairobi, Nairobi, 74 (1994).
鈥淲anyiri Kihoro vs. Attorney General: New Insights on the Protection and Enforcement of Fundamental Rights and Freedoms in Kenya,鈥 1 University of Nairobi Law Journal 140 (1994).
Other Publications
鈥淲hy Bashir Appeal Faces Uphill Task," Nairobi Law Monthly, January 2012.
鈥淜enya Walks A Tightrope in Somalia,鈥 Nairobi Law Monthly, December, 2011
鈥淏oost Regional Trade Deals to Spur Growth,鈥 Nairobi Law Monthly September, 50, 2011.
鈥淜enya鈥檚 New Competition Law and the Price Control Act,鈥 Nairobi Law Monthly, August, 2011.
鈥淭he Judicial Philosophy Required Under the 2010 Constitution and the Legacy It Seeks to Reverse,鈥 Nairobi Law Monthly, September 2011.
"Don't Sweep Old Corruption Cases Under the Carpet," Nairobi Law Monthly, July 2011.
鈥淲hy the Al Bashir Appeal is Likely to Fail,鈥 Nairobi Law Monthly, January 2012.
鈥淜enya鈥檚 Military Offensive Against Al Shabaab Under International Law,鈥 Nairobi Law Monthly, October, 2011
鈥淜enya鈥檚 New Competition Law and the Price Control Act,鈥 Nairobi Law Monthly, September, 2011.
鈥淎frican Regional Trade Integration,鈥 Nairobi Law Monthly August, 2011.
鈥淭he Judicial Philosophy Required Under the 2010 Constitution and the Legacy It Seeks to Reverse,鈥 Nairobi Law Monthly, July 2011.
鈥淥bama Forgot Resource Wars That are the Bane of the Continent,鈥 Daily Nation, (Kenya), December 20, 2009.
鈥淐ommerce Makes a Killing,鈥 Albany Times Union, December 18, 2009.
鈥淗ow Harmonized Draft Constitution Can Turn Our Foreign Affairs Into Foreign Issues,鈥 Business Daily Africa, December 17, 2009.
鈥淒eveloping Countries Are Afraid of 鈥楻igged Commerce鈥 Not Free Trade鈥 Business Daily Africa, November 16, 2007.
鈥淐ompetition Analysis Crucial in Mergers,鈥 Business Daily Africa, December 3, 2007.
鈥淩ed Herrings Over Sovereign Bond,鈥 Business Daily Africa, December 12, 2007.
鈥淒emerits of the EU Trade Agreements,鈥 Business Daily Africa, December 19, 2007.
鈥淪hould Failing Companies Be Rescue?,鈥 Business Daily Africa, January 3, 2008.
鈥淎 3-Point Mediation Plan to Help Kibaki and Raila Reclaim Our Democracy,鈥 Business Daily Africa, January 4, 2007.
鈥淯se Unrest to Diagnose What Ails Kenya,鈥 Business Daily Africa, January 16, 2007.
鈥淗ow Kenya Can Deal With Displacements,鈥 Business Daily Africa, January 30, 2008.
鈥淪pat With Dar Over Trade Unnecessary,鈥 Business Daily Africa, February 8, 2008.
鈥淧ut Anti-Graft Agenda Back on Course,鈥 February 13, 2008.
鈥淏ailing Out Brokers Kills Investor Trust,鈥 Business Daily Africa, February 20, 2008.
鈥淔ate of Private Sector Reforms Still Unknown,鈥 Business Daily Africa, February 27, 2008.
鈥淲hat the Coalition Should Seek From Donors,鈥 Business Daily Africa, March 5, 2008.
鈥淭he CBK鈥檚 Role in Foreign Exchange,鈥 Business Daily Africa, March 14, 2008.
鈥淔alse Solutions to Hawker Problem Will Fail,鈥 Business Daily Africa, March 19, 2008.
鈥淲ere Local CEOs Not Good Enough to Fix KPLC?鈥 Business Daily Africa, March 26, 2008.
鈥淲hat Safaricom Failed to Disclose in Its Prospectus,鈥 Business Daily Africa, April 4, 2008.
鈥淎n Agenda for the New Trade Minister,鈥 Business Daily Africa, April 9, 2008.
鈥淏rokers Must Build Their Trade on Trust and Honour,鈥 Business Daily Africa, April 17, 2008.
鈥淒eal With Hurdles to Livestock Farming, Trade,鈥 Business Daily Africa, April 30, 2008.
鈥淲hat Does Corporate Social Responsibility Mean?鈥 Business Daily Africa, May 7, 2008.
鈥淲hy EAC States Should Allow Free Flow of Services,鈥 Business Daily Africa, May 14, 2008.
鈥淚mpunity Equals Economic Sabotage,鈥 Business Daily Africa, May 21, 2008.
鈥淓ndless Safeguards Hurt Free Trade,鈥 Business Daily Africa, May 28, 2008.
鈥淓ntrenching the Rule of Law in Land Matters,鈥 Business Daily Africa, June 4, 2008.
鈥淧rotection of Shareholder Interests Should Drive Companies Act Reforms,鈥 Business Daily Africa, June 12, 2008.
鈥淎frican, Kimunya Should Seek Monetary Policies That Serve Local Interests,鈥 Business Daily Africa, June 18, 2008.
鈥淩egulator Must Oversee Trade Competition,鈥 Business Daily Africa, June 25, 2008.
鈥淲hy I am Inviting Monopolies Boss to Public Debate,鈥 Business Daily Africa, July 2, 2008.
鈥淚ntroduce Law to Screen Public Asset Sales,鈥 Business Daily Africa, July 9, 2008.
鈥淭he Case for An Independent Counsel Office,鈥 Business Daily Africa, July 16, 2008.
鈥淜ibaki and Raila Must Help Kenya to Achieve Accord Goals,鈥 Business Daily Africa, August 6, 2008.
鈥淎mnesty Flies in the Face of War on Graft,鈥 Business Daily Africa, August 27, 2008.
鈥淲hat is the Future of Legal Training and Practice,鈥 Business Daily Africa, September 5, 2008.
鈥淚mplementation of Trade Agreements in Kenya,鈥 prepared for Institute of Economic Affairs, Nairobi, 2007.
鈥淏eyond Market-Based Conceptions of Rights: Social and Economic Rights in Context,鈥 lead article in a Section titled 鈥楪lobal Trade and the Global South,鈥 in a Chapter entitled 鈥楬uman Development and Human Rights,鈥 in Jeanne Woods and Hope Lewis, Economic, Social and Cultural Rights, (TransAction), at 376 (2004).
鈥淓conomic and Social Rights Under NEPAD,鈥 Africa Legal Aid Quarterly, at 32-33 (April-June 2003).
鈥淭he Silence of Race and Identity in Private International Law (i.e. Trade, Economic, and Commercial Law),鈥 in MIT Program on Human Rights and Justice, Reparations: A Dialogue Between Human Rights Academics and Activists, at 40-46 (2004).
鈥淎rrests Were Repugnant to Freedom of the Press!,鈥 East African Standard, Sunday, October 5, 2003.
鈥淐onsumer and Pharmaceutical Dimensions of Addressing Bio-Terrorism: An Analysis of In re Ciprofloxacin Hydrochloride Antitrust Litigation,鈥 4 Government Law and Policy Journal (a publication of the State of New York Bar Association), at 46-49 (2002).
鈥淲TO Spin Unconvincing,鈥 African Business, at 5 (January 1, 2002) (Letter to the Editor).
"Kenya Needs Political and Fiscal Reforms,鈥 East African Standard, at 11 (Sunday, September 5, 1999) (Viewpoint Editorial: First in a three part Sunday series).
鈥淲ealth, Poverty and Inequality,鈥 East African Standard, at 8 (Sunday, September 12, 1999) (Viewpoint Editorial: Second in a three part Sunday series).
鈥淒emocracy Promotion as a New Era in Global Domination,鈥 East African Standard, at 14-15 (Sunday, September 19, 1999) (Viewpoint Editorial: Third in a three part Sunday series; appeared as center-spread).
鈥淐ourts, Criticism and Expression,鈥 Daily Nation, at 17 (Saturday, April 10, 1993) (Appeared in the Weekly Platform, the Country's Forum for Dialogue)
鈥淢oral and Legal Queries Arise From Sex Education,鈥 Special Report, Daily Nation, at 6 (January, 14, 1993).
鈥淗uman Rights, Justice and Peace Reports of the ICJ (Kenya Chapter) Seminar,鈥1 University of Nairobi Law Journal 50 (1993).
鈥淐ontaining the Police: The Wanyiri Kihoro Case,鈥 49 The Nairobi Law Monthly 30 (July 1993).
鈥淭he Diminution of Judicial Competence in Kenya in the 1990鈥檚,鈥 3 The Kenya Jurist 31 (June/August 1993).
鈥淲here the Law Errs in Inheritance,鈥 Daily Nation, at 18, (October 30, 1993) (Appeared as the lead piece in the Weekly Platform, the Country's Forum for Dialogue).
鈥淎 National Convention can be held under Kenyan Law,鈥 The People, at 6 (June 13-19, 1993).
鈥淭he Constitutional Amendment Bill of June 1992 Spells Doom for the Opposition,鈥 1 The Kenya Jurist 34 (June 1992).
鈥淧ower Transfer Poses Major Legal Questions,鈥 Special Report, Sunday Nation, at 6 (December 27, 1992) (This report was published in place of a regular report by a lead-editor of the leading newspaper in Kenya).
Recent Presentations
Presented a paper on Trade and Ecosystem Services at a forum on Sustainability in Developing Nations: Opportunities for Public Private Partnerships, organized by Albany Law School and the UN Academic Impact Office, Dag Hammarskjold Library, May 16, 2012.
Proposed and Moderated Panel on Trade and Ecosystem Services at the Annual Meeting of the American Society of International Law, March 30, 2012.
Chaired the Business Meeting of the Africa Interest Group of the American Society of International Law at the Annual Meeting, March 31, 2012
Organized and directed the Africa and International Law Conference with over 70 paper presentations and 150 participants including the Prosecutor of the International Criminal Court, Albany Law School, April 12-14, 2012.
Presented a paper on 鈥淗uman Rights Implications of EU-ACP Economic Partnership Agreements,鈥 at a Discussion in Commemoration of the 25th Anniversary of the UN Declaration on the Right to Development, United Nations Headquarters, December 5, 2011 New York City.
Presented a paper on Human Rights and Conflict Resources at the First Meeting of the African Union's Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa, December 2011, Nairobi, Kenya
Presented a paper on Business Law at the First Diaspora Conference on Identifying Opportunities for the Diaspora Under Vision 2030, organized by the Embassy of Kenya in Washington DC, October 8, 2011
Presented a paper on African Regional Trade Agreements at the Trade and Policy Training Institute in Africa Annual Trade Forum, Arusha Tanzania, August 8, 2011.
Presented a paper titled African Regional Trade Agreements as Flexible Regimes, at the First African International Economic Law Network Conference, Mandela Institute, University of Witwatersrand, Johannesburg, South Africa, 5th May, 2011
Presented the 2011 Brendan Brown Lecture on 鈥淔ood Sovereignty For Poor Countries in the Global Trading System,鈥 黑料门College of Law, New Orleans, April 12, 2011
Presented a paper 鈥淓xperimenting With Democracy,鈥 at the Dahlem Conference on Knowledge, Domination and the Public in Africa, 21-25 March, 2011 (Berlin, Germany).
Presented a paper, 鈥淭he Neo-Liberal Turn to Regional Trade Agreements, at the Global Law and Its Exceptions Conference at the University of Washington, Seattle Law School, February 25, 2011.
Delivered Book Talk, War, Commerce and International Law, Duke Law School, January 18, 2011.
Presented a paper 鈥淭he Turn to Regional Trade Agreements,鈥 at the Temple Law School International Law Colloquium, January 18, 2011
Presented a paper, 鈥淪trength of IP Protection and Flows of FDI to LDCs,鈥 at the Globalizing Property Rights Conference organized by the Center on Global Legal Transformation, Columbia Law School, October 22, 2010.
Presented a paper titled African Regional Trade Agreements as Flexible Regimes, at the Trade and Policy Training Institute in Africa (TRAPCA), Annual Trade Research Forum on Trade Policy for Renewed Growth in Africa, Arusha, Tanzania, July 29, 2010.
Presented a lecture titled The Turn to Regional Trade Agreements, presented at the Second Annual Workshop on Global Law and Economic Policy, Harvard Law School, June 7, 2010
Presented a paper titled 鈥淭he Turn to Regional Trade Agreements as Law and Development鈥, at a symposium organized by the University of North Carolina Journal of International Commercial Regulation, January 29, 2010.
Presented a paper titled 鈥淭he Financial Accounting Task Force and Global Administrative Law,鈥 at the Annual Meeting of the American Association of Law Schools at a Panel Organized by the Section on Professional Responsibility, New Orleans, LA, January 8, 2010.
Presented a paper titled 鈥淓lias T. Olawale鈥檚 Project of Re-Writing International Legal History to Acknowledge Africa鈥檚 Contribution,鈥 at the American Society for Legal History Conference, Austin, Texas, November 14, 2009.
Presented lectures on International Trade Law at the Trade Policy Training Centre in Africa, Arusha, Tanzania, October 27-30, 2009.
Presented a paper titled 鈥淲ar, Investment and International Law,鈥 at Florida State University Law School, April 16, 2009
Presented a lecture titled 鈥淐ritical Race Theory in A Global Society,鈥 at the Critical Race Theory at 20 Workshop, Iowa Law School, April 4, 2009.
Presented a Paper titled, "The Commercialization of War: Private Military and Security Companies, Mercenaries and International Law," at the Watson Institute for International Studies, Brown University, February 18, 2009.
Presented lecture titled 鈥淭esting the Laws Against Genocide: The Case of Darfur,鈥 at the Congregation Gates of Heaven, Schenectady, NY sponsored by the Interfaith Community of Schenectady and the Community Relations Council of United Jewish Federation of Northeastern NY, December 8, 2008.
Moderated a Panel in the Defining Race Symposium, Albany Law School, November 14, 2008.
Presented a lecture titled, 鈥淜enya: Another Failed African State?鈥 at an Albany Law School Amnesty International Chapter/International Law Students Association event, at Albany Law School, November 19, 2008.
Presented a talk at the 2008 Election Symposium, Albany Law School, October 30, 2008.
Presented lectures on International Trade Law at the Trade Policy Training Centre in Africa, Arusha, Tanzania, October 20-23, 2008.
Presented a paper titled 鈥淪lippages of the Public/Private in Resource Wars,鈥 at the Washington and Lee University School of Law, October 6, 2008.
Presented a paper titled 鈥淪lippages of the Public/Private in Resource Wars,鈥 at the Harvard Law School鈥檚 International Law Workshop, Harvard Law School, September 10, 2008.
Presented a paper on 鈥淭he Relationship Between Human Rights and Development,鈥 at the United Nations High Commissioner for Human Rights Workshop on Financing for Development and Human Rights in Light of Doha: Reviewing the Progress of the Monterrey Consensus, Geneva, Switzerland, September 16, 2008.
Presented a paper on 鈥淭he Free Movement of Services in the East African Common Market,鈥 at the National Retreat for Members and Key Stakeholders of the East African Common Market High Level Task Force, Utali Hotel, Nairobi, May 12, 2008.
Presented a paper on 鈥淭he Rights of Establishment and Residence: Some Brief Reflections on the Proposed East African Common Market, at the at the National Retreat for Members and Key Stakeholders of the East African Common Market High Level Task Force, Utali Hotel, Nairobi, May 13, 2008.
Presented paper on 鈥淐orruption and Human Rights,鈥 at a conference on Realizing Social and Economic Rights in Africa, Osgoode Hall Law School, October 27, 2007.
Presented a lecture titled 鈥淲ar, Commerce and International Law,鈥 at Putting Theory to Practice Workshop at the Osgoode Hall Law School, October 25, 2007.
Presented a paper titled 鈥淪lippages of the Public/Private in Resource Wars,鈥 at the University of Illinois, October 24, 2007.
Presented a paper titled 鈥淚mplementation of Trade Agreements in Kenya,鈥 at the Forum for Trade Lawyers, organized by the Institute for Economic Affairs, Norfolk Hotel, Nairobi, October 9, 2007.
Presented a paper on 鈥淐hallenges of Developing Countries in the Doha Round,鈥 at the 15th Commonwealth Law Conference, Nairobi, Kenya, September 11, 2007.
Presented a paper titled 鈥淭he Promise of an African Economic Community,鈥 at a conference on Developing Countries in the WTO Legal System, University of Minnesota Law School, May 2007.
Organized a major conference on The Third World and International Law with over 70 speakers from around the World, Albany Law School, April 2007.
Chaired and Spoke on a panel on Tsunamis, Earthquakes and Asteroids: Are We Ready for the Next 100 Years? at the ASIL Annual Conference, Washington, DC, March 2007.
Presented paper titled, 鈥淧opular Authorship and Constitution Making: Comparing and Contrasting the DRC and Kenya,鈥 William and Mary Law School, February 2007.
Presented paper titled, 鈥淭he High Stakes of WTO Reform,鈥 at the Globalization Workshop, University of Toronto Law School, November 1, 2006.
Presented paper titled, 鈥淭he Last Frontier: Intellectual Property Rights and Least Developed Countries,鈥 at the 2006 International Law Weekend of the American Branch of the International Law Association, New York City, October 27, 2006.
Presented a talk on 鈥淭he History and Politics of Constitutional Reform in Kenya,鈥 at the Kennesaw State University Year of Kenya Lecture Series, September 21, 2006.
Presented a paper titled, 鈥淭he ICJ鈥檚 Decision in Congo v Uganda,鈥 at the ICRC Roundtable for International Humanitarian Law Lecturers in East Africa, Nairobi, Kenya, July 2006.
Presented a paper titled 鈥淢ultinational Corporations and Human Rights: A Transactional Approach,鈥 at the 100th American Society of International Law Conference on the theme A Just World Under Law, Washington DC, March 30, 2006.
Made a presentation on Third Approaches to International Law at a Harvard Law School conference on Teaching From the Left, March 12, 2006.
Presented a paper titled "Exporting Culture Wars," at the University of California Davis conference on Family Planning and Aids Policies in the International Community, March 3, 2006.
Presented a paper titled: 鈥淪tate Responsibility for Breaking Patent Rights on Human Rights Grounds,鈥 at the University of North Carolina conference on Saving Profits, Saving Lives: A Comprehensive Discussion of the Social, Legal and Economic Implications of Reverse Engineering and Parallel Importing on the Pharmaceutical Industry, February 25, 2006.
Chaired Panel on Private Law, in the Albany Law Review Symposium, Outsourcing Authority, October 27, 2005.
Chaired Panel on 鈥淲hat is War?鈥, in the New York International Law Weekend Annual Conference, International Norms in the Twenty First Century and Compliance Revisited, October 21, 2005.
Presented paper titled 鈥淐ommerce, Conquest and Wartime Confiscation,鈥 at a conference on War and Commerce at Brooklyn Law School, September 23, 2005.
Presented a talk titled 鈥淭he Stakes of WTO Reform,鈥 presented at a Faculty Workshop, Faculty of Law University of Nairobi, July 27, 2005.
Presented a paper titled 鈥淧reemption, the United Nations Charter and the Secretary General鈥檚 Report,鈥 to the United Nations Training Institute Summer Institute, New York, June 6, 2005.
Presented a paper titled, 鈥淐ommerce, Conquest and Colonialism,鈥 at the International Economic Law Group of the American Society of International Law Conference, February 25, 2005.
Presented a paper titled, 鈥淟aw as an Unqualified Good: Some Preliminary Thoughts on Legal Education and Law Teaching in Kenya,鈥 at a workshop on the Relationship Between National Legal Educational Practices and Modes of Legal Reasoning, Harvard Law School, December 10, 2004.
Presented a paper titled, 鈥淭he Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation,鈥 Faculty Workshop at the 黑料门Law School Los Angeles, November 11, 2004.
Presented a paper titled, 鈥淭orture, Territoriality, Commerce and the Conflict of Laws,鈥 at Cornell Law School, (Berger International Program, Clarke Middle East Fund and Leo Nevas Human Rights Fund Speaker Series), November 4, 2004
Presented a paper titled, 鈥淓xtra-Territorial Commercial and Non-Commercial Torts and the Conflict of Laws,鈥 at the Second National People of Color Conference at the George Washington University Law School, October 16, 2004.
Organized and Chaired a panel on Wartime Security and Constitutional Liberty in honor of Justice Robert H. Jackson featuring Profs. Erwin Chemerinsky, Sarah Cleveland, Amb. Of War Crimes Pierre Richard Prosper and Paul L. Hoffman at the 2004 International Law Weekend of the American Branch of the International Law Association, New York City, October 15, 2004.
Presented a paper titled 鈥淚mperialism, Colonialism and International Law,鈥 at a Feminist Legal Theory Workshop on Across-Legal Cultures-Post-Colonialism, Emory Law School, September 10, 2004.
Presented a paper titled 鈥淟aw and Politics in Africa: Lessons From Commonwealth Africa and the Recent Transition in Kenya,鈥 on a panel on Law and Politics in Africa at the Annual Meeting of the Law and Society Association, May 28, 2004.
Presented an opening address titled 鈥淚mperialism, Colonialism and International Law,鈥 at the Birkbeck Law School, University of London, on Imperialism and International Law, May 9, 2004.
Gave a talk titled 鈥淭he Law of Belligerent Occupation and Human Rights with Reference to Iraq,鈥 at the School of Oriental and African Studies, University of London, May, 13, 2004.
Presented a paper titled 鈥淩eforming the WTO鈥 on a panel on Open Democratic Participation Scheme for the World Trade Organization, at the Rutgers Law Review - Symposium, 2004, March 5, 2004.
Gave a talk titled: 鈥淟aw, Trade and Third World Development,鈥 to the Syracuse College of Law International Law Student Society, March 23, 2004.
Gave a talk titled: 鈥淟aw, Trade and Third World Development,鈥 to the Syracuse College of Law International Law Student Society, March 23, 2004.
Made a presentation titled 鈥淭he Obligations of An Occupying Power Under International Law,鈥 as one of the panelists in The Robert H. Jackson Memorial Lecture: Current Perspectives on Iraq, Albany Law School, November 19, 2003.
Made a presentation in a workshop discussion titled 鈥淪eeking a Global Perspective, Confronting Unilateralism: Why We Need the UN Today,鈥 at an event on Confronting the Politics of Fear: A People's Assembly, Albany High School, November 15, 2003.
Delivered the Fall 2003 Prudential Lecture at Rutgers Business School titled 鈥淓thics as Fairness: Towards a Level Playing Field in Global Agricultural Business,鈥 Rutgers University, Newark, November 13, 2003.
Made a presentation titled 鈥淪ocial and Economic Rights in Context,鈥 on a panel on Social and Economic Rights and Wrongs, at a conference on Rethinking Ideology and Strategy: Progressive Lawyering, Globalization and Markets, Northeastern Law University School, November 7, 2003
Presented a paper titled: 鈥淭orture, Territoriality, Terrorism and International Law,鈥 at the 2003 Albany Law Review Symposium on Torture,: Paradigms, Practices, and Policies, Albany, NY, October 15, 2003.
Made a panel presentation on Juridifying Global Governance at a conference on Rethinking Globalism, organized by the European Law Research Center, at Harvard Law School, Cambridge, MA, October 4, 2003.
Made a presentation on Patents and Access to Essential Drugs in Sub-Saharan Africa, at a conference on AIDS in Africa organized by the Center for African Studies, SUNY, Albany, October 10, 2003.
Presented a paper titled, 鈥淪ocial and Economic Rights Under the New Economic Partnership for African Development (NEPAD),鈥 at a high level seminar on 鈥淭he AU-NEPAD and Changing Relations between Africa and Northern Countries,鈥 organized by Africa Legal Aid, in Maastricht, Netherlands between August 24-25, 2003.
Presented a paper titled 鈥淗arnessing Knowledge For Market Access and Competitiveness of African Products and Produce,鈥 at the inaugural NEPAD Workshop, Safari Park Hotel Nairobi, Kenya, July 13, 2003.
Made a presentation titled 鈥淏io-Diversity Conservation and Intellectual Property Rights: An Unusual Revisiting of the Debate on Access to Affordable HIV/AIDS Drugs,鈥 in the Special Topic Seminar of the Institute for African Development, Cornell University, Ithaca, NY, May 1, 2003.
Presented a paper titled 鈥淭he Impact of International Financial Institutions on the Scope for National Development Policy,鈥 at the Harvard Law School's European Law Research Center's Spring Conference on the theme 鈥淟aw and Economic Development: Critiques and Beyond,鈥 Harvard Law School, April 12-13, 2003.
Made a presentation titled 鈥淭he Stakes of Patent Protection and Access to Essential Drugs,鈥 at the Albany Law School's Journal of Science and Technology Symposium on the theme 鈥淢edical Paternalism: The FDA and Government Control Over Americans,鈥 Albany, NY, April, 10, 2003.
Presented a paper titled 鈥淎symmetrical Liberalism in the International Trading Regime,鈥 in a panel on the question "Is the International Trading Regime Fair to Developing Countries?" at the 97th Annual Meeting of the American Society of International Law on the theme "Conflict and Coordination Across International Regimes," Washington, DC, April 2-5, 2003.
Presented a paper titled, 鈥淚s There an Emerging Emergency Exception to the Patent Monopoly of the TRIPS Agreement?鈥 at the Law, Technology and Development Workshop organized by the Baldy Center for Law and Social Policy at the University at Buffalo Law School, Buffalo, NY, March 29, 2003.
鈥淐onstitutionalism in Kenya: Past, Present and Future,鈥 at a symposium on 鈥淐onstitutionalism, Human Rights and Transitional Justice in Kenya鈥檚 New Political Dispensation,鈥 organized by the Harvard Human Rights Program and the Harvard African Law Students Association, Harvard Law School, Cambridge, MA, March 10, 2003.
鈥淭he War on Terrorism Through the Eyes of an International Lawyer,鈥 presentation made to the Torch Club of Albany, Albany, NY, March 3 2003.
Made a presentation titled 鈥淥perating Globally, Acting Locally: Challenges of the New African Union鈥檚 Economic Program (NEPAD),鈥 at the African Union and the New Pan-Africanism Conference, co-sponsored by the American Society of International Law and the Thurgood Marshall School of Law, Houston, TX, February 21-22, 2003.
鈥淓ngaging (in) TRIPS Agreement Formalism Over Access to Essential Drugs,鈥 paper presented at the Cardozo School of Law Symposium on Patent Law, Social Policy and Public Interest: The Search for a Balanced Global System, New York City, November 7, 2002.
鈥淭he Poverty of the Poverty Nexus in the Debate on Access to HIV/AIDS Drugs in U.S. Foreign Policy,鈥 paper presented at the University of Iowa's Journal of Gender, Race and Justice Conference on American Presence Abroad: U.S. Foreign Policy and Its Implications for Gender, Race and Justice, Cedar Rapids, IA, October 25, 2002.
鈥淭he Global HIV/AIDS Pandemic: Why Should the World Care?鈥 presentation made at the Annual American Branch of the International Law Association's New York International Law Weekend panel on International Law and the Global HIV/AIDS Crisis, New York City, October 26, 2002.
鈥淚nternational Institutional Segregation, Poverty and Development,鈥 presentation made at the Annual American Branch of the International Law Association鈥檚 New York International Law Weekend panel on and the International Trade Law and Development, October 26, 2002.
鈥淩e-Appraising the International Debt Crisis: An Analysis of Debt-Out Jurisprudence,鈥 paper presented at the American Society of International Law, International Economic Law Group Annual Conference on Interrelationships: International Economic Law and Developing Countries, Washington, DC, October 4-6, 2002.
鈥淧atents and Access to Drugs,鈥 talk delivered at the Panel on Access to Drugs During Public Health Crisis put together by the ABA鈥檚 Special Committee on Bioethics and the Law, at the 125 Annual ABA Meeting, Washington, DC, Friday, August 9, 2002.
鈥淭he War on Terrorism from an International Lawyer鈥檚 Perspective,鈥 speech delivered at the annual World Federalist and United Nations Spring Dinner at Schenectady Community College, April 29, 2002.
Presented paper titled, 鈥淧olicy Oriented Legal Reasoning in Adjudications of the Refinancing of Third World Debt,鈥 at the Harvard Law School鈥檚 European Law Research Center鈥檚 Conference on Globalization of Modern Legal Thought, 1859-2000, Cambridge, MA, April 13, 2002.
Gave a talk on 鈥淭he Laws of War,鈥 to the Union College Academy of Life Long Learning, Schenectady, NY, April 2, 2002.
Luncheon Speaker at the National Black Law Students Association鈥檚 Frederick Douglas Moot Court Competition Law Professors鈥 Luncheon, Cat Skills, NY, February 9, 2002.
Presented a paper titled 鈥淯ncovering the Role of Race in International Commercial Law,鈥 at the Conference on Racism, Colonialism and Reparations: A Post-Durban Dialogue Between Human Rights Activists and Academics, organized by the MIT Program on Human Rights and Justice, March 2002.
Participated in a Panel, 鈥淭he Emergency Exception: Pharmaceutical Patents in a Time of Crisis,鈥 at Harvard Law School, December 2001.
Presented a paper titled 鈥淒oes the Sources Doctrine Erase Pre-Colonial Claims to Non-European Sovereignty? An Analysis of the ICJ鈥檚 Namibia/Botswana Case,鈥 at The Third World and the International Order: Law, Politics and Globalization Conference, Osgoode Hall Law School, October 2001.
Taught two-day course to development country lawyers at the International Development Law Institute, Rome, Italy, May 2001.
Presented a paper titled, 鈥淭he Presence of the U.S. at the 1885 Berlin Conference,鈥 at Seminar on Law, Colonialism and Markets, organized by the Columbia Human Rights Program, New York, May 2001.
Presented paper titled, 鈥淭he Poverty of Human Rights,鈥 at the Seminar on Globalization, Human Rights and Poverty sponsored by the Erik Castren Institute of International Law and Human Rights, Helsinki, Finland, April 2001.
Presented paper titled, 鈥淎 Market Based Approach to Construing Articles 7 and 8 of TRIPS in the Context of AIDS Drugs,鈥 at a Symposium on Intellectual Property, Development and Human Rights at the University of Florida, Levin College of Law, Gainesville, FL, March 2001.
Presented a paper, 鈥淭he Silence of Race and Identity in Corporate Law Reform in Sub-Saharan Africa,鈥 at a Plenary Session on Business Law and Race at the North East People of Color Conference, CUNY, Flushing NY, March 2001.
Taught two-day course to developing country lawyers at the International Development Law Institute, Rome, Italy, May 2000.
Presented a paper titled, "Human Rights, the World Bank and the Washington Consensus: 1949-1999," American Society of International Law Annual Meeting, Washington DC, April 2000.
Presented a paper titled, "Structural Bias and International Law as it Relates to Developing Countries," at Harvard Law School Conference on Structural Bias and the Law: Examples From International and Comparative Law, Cambridge MA, April 2000.
Panel Speaker/Organizer, First Rutgers Business School Conference on Corruption and Human Rights: Practical Solutions For Multinational Companies, Newark, NJ, March 2000.
Presented a paper titled "Regarding the Private/Public Distinction in the Liberal Democratic Order of Good Governance," Center for African Studies, Rutgers University, New Brunswick, NJ, March 2000.
Symposium Director, International Law and the Developing World: A Millennial Analysis, Harvard Law School, Cambridge MA, February 2000.
"Empowering the Weak While Protecting the Powerful: Some Implications of Bringing Human Rights at the World Bank's Doorstep," Dighton Writers Workshop, organized by the European Law Research Center, of the Harvard Law School, Dighton, MA, February 1999.
Panel Speaker, "The Year in Review," 93rd Annual Meeting of the American Society of International Law, On Violence, Money, Power and Culture: Reviewing the International Legacy, 1999, Washington DC, March 1999.
Presented a paper titled "Africa at the Intersection of Critical Race Theory and Public International Law," 34th Annual Villanova Law Review Symposium on Critical Race Theory and International Law: Convergence and Divergence, Villanova, PA, October 1999.
Presented a paper at a panel titled: The Cutting Edge: Round-Table Discussion of Current Research by Harvard Law School Doctoral Students at Harvard Law School, International Law Plus or Minus Fifty Years: A Colloquium On The Occasion Of Abram Chayes' Fiftieth Law School Reunion, Cambridge MA, April 1999.
Presented a paper at the conference on "Anti-formalism 黑料门 Law and the Legal Profession: Comparative and Historical Perspectives," in a panel titled "Formalism and Domination: The International Law of Colonialism," Harvard Law School, April 1999.
Presented a paper titled "From Basic Needs to Good Governance: The Implications of Shifting Development Policy for International Human Rights Advocacy," Rutgers Law School Faculty Colloquium, Newark, NJ, April 1999.
Awards
2010 Distinguished Faculty Award in Excellence in Scholarship, Albany Law School, May 2010.